HomeMy WebLinkAboutMINUTES - 02142006 - C.19 TO: BOARD OF SUPERVISORS £ ' `° Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR 8, r i� Costa • Q
DATE: February 14, 2006 S'9 Count
SUBJECT: AUTHORIZE acceptance of a Federal Aviation Administration and Caltrans Airport
Improvement Program (AIP) Grants to.purchase a new Aircraft Rescue and Fire Fighting
vehicle.
Specific Request(s)or Recommendation(s) &Background&Justification
I. RECOMMENDED ACTION:
AUTHORIZE the Public Works Director, or his designee, to submit an Airport Improvement Program (AIP)
grant application to both the Federal Aviation Administration (FAA) and the California Department of
Transportation-Division of Aeronautics (Caltrans) in the amount of$807,500.00 and $40,375.00, respectively, to
purchase a new Aircraft Rescue and Fire Fighting (ARFF) vehicle and associated gear and equipment for
Buchanan Field Airport, Pacheco area(District IV).
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to sign a Statement of Acceptance with the
Federal Aviation Administration for grant money to purchase a new ARFF vehicle and associated gear and
equipment for Buchanan Field Airport in the amount of$807,500.00. -
APPROVE and AUTHORIZE the Public Works Director, or his designee, to sign an acceptance of funds under
the California Aid to Airports Program Grant Agreement-Federal AIP Matching Funds grant program to purchase
a new ARFF vehicle and associated gear and equipment for Buchanan Field Airport in the amount of$40,375.00.
Continued on Attachment: X SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): — -
ACTION OF BO ON APPROVED AS
\J RECOMMENDED OTHER
VOTYAJIFi SUPERVISORS ,/�
UNANIMOUS(ABSENT /Vy ?7 e-,-
AYES:
/AYES: NOES: I hereby certify that this is a true and correct copy of an
ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of
Supervisors on the date shown.
G:parcelc.bos.doc
Board Orders\parcek.bos.doc ATTESTED:
Orig.Div: Public Works(Airports Division)
Contact: Doreen Arens,Phone(925)646-5722 JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: County Administrator County Administrator
Auditor-Controller
Community Development
Public Works Director
Public Works Accounting By , Deputy
Federal Aviation Administration
Via Airport Staff-Barnard Dunkelberg&Company
SUBJECT: AUTHORIZE acceptance of a Federal Aviation Administration and Caltrans Airport
Improvement Program (AIP) Grants to purchase a new Aircraft Rescue and Fire Fighting '
vehicle.
DATE: February 14, 2006
PAGE: 2
II. FINANCIAL IMPACT:
There is no impact on the County General Fund. The total project amount will be$850,000.00. Ninety-five
percent(95%) or$807,500.00 will be from the FAA,four and three-quarter percent (4.75%) or $40,375.00 will
be from Caltrans, and one-quarter percent(0.25%)or$2,125.00 will be from the Airport Enterprise Fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The Federal Aviation Administration requires that each Airport in the United States, holding a
Federal Aviation Regulation Part 139 certificate, permitting commercial airline service operations to
provide Aircraft Rescue and Fire Fighting equipment capabilities. The Public Works Department-
Airports Division currently has two ARFF vehicles in service at Buchanan Field Airport. The two
vehicles have been in service for 17 and 19 years respectively and are approaching the end of their
useful lives. The ongoing preventative maintenance and repair expenses associated with the vehicle
have continued to increase on an annual basis.
IV. Consequences of Negative Action:
A new ARFF vehicle will not be purchased, which require the Airport Enterprise Fund to fund the continued
increases in preventative maintenance and repair costs associated with the current ARFF vehicle.
top
U.S. Department San Francisco Airports District Office
of Transportation 831 Mitten Road, Room 210
Federal Aviation Burlingame, California 94010-1303
Administration
July 18, 2006
CERTIFIED MAIL
Mr. Keith Freitas
Director of Airports
Contra Costa County
550 Sally Ride Drive
Concord, California 94520
Dear Mr. Freitas:
Airport: Buchanan Field, Concord, CA; AIP Project No. 3-06-0050-16;
Contract No. DTFA08-06-C-31741; Grant Offer
Enclosed are three (3) original sets of the approved Grant Offer for the
above project.
Acceptance of the Grant Offer will obligate the Sponsor to accomplish the
described development. The United States commits itself to participate in
the allowable cost of the project not to exceed the amount shown on Page 2
of the Grant Offer. The offer must be accepted on or before August 15,
2006, as specified in Condition 6, Page 2 of the Grant Offer. All three
(3) sets of the Grant Offer must be signed, dated, certified and attested
with stamp.
Basic considerations are that members of the Sponsor's governing body know
the full content of the Grant Offer and that the method of acceptance
conforms to local law.
The official of the sponsor authorized to accept the enclosed Grant Offer
shall accept same by signing said offer and inserting the date in the
space provided under Part II - Acceptance. The Sponsor's attorney shall
certify that the acceptance complies with all applicable laws and
constitutes a legal and binding obligation of the sponsor by executing the
"CERTIFCATE OF SPONSOR'S ATTORNEY" . The date of said certificate shall be
the same as, or later than the date of the execution.
when the document is fully executed, certified, attested and appropriate
seals are impressed, please return two (2) sets of the three (3) original
sets of the executed Grant Agreement to this office.
4Ensures
ly,
R5.
� Manag , Airport.& D' trict Office
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development,airport planning,and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used
herein,the term"public agency sponsor"means a public agency with control of a public-use
airport;the term"private sponsor"means a private owner of a public-use airport; and the
term"sponsor"includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project,or throughout
the useful life of the project items installed within a facility under a noise compatibility,
program project,but in any event not to exceed twenty(20)years from the date of
acceptance of a grant offer of Federal funds for the project. However,there shall�be no limit
on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport.There shall be no limit on the duration of the terms,
conditions,and assurances with respect to real property acquired with federal funds.
Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful
life of project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten(10)years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement,only Assurances 1,2,3,5, 6, 13, 18,30,32,33, and 34 in section C apply to
planning projects. The terms,conditions,and assurances of the grant agreement shall remain
in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations,executive orders,policies,guidelines,and requirements as they relate to the
application,acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49,U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et se .�
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501, et seq.2
Airport Sponsor Assurances (3/2005)
h. 49 CFR Part 18-Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the
Department of Transportation-effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in
Airport Concessions.
1 49 CFR Part 24-Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.12
M. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.)
o. 49 CFR Part 29—Government wide debarment and suspension(non-
procurement)and government wide requirements for drug-free workplace
(grants).
p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A-133-Audits of States,Local Governments,and Non-Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49,United States
Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant,and
to finance and carry out the proposed project;that a resolution,motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein,and
.directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor:It has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all terms,
conditions,and assurances of this grant agreement. It shall designate an
Airport Sponsor Assurances (3/2005)
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor,the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code,the regulations and the terms,conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at
the time of submission of this application)of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in,or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49,United States Code,it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a
major runway extension,it has afforded the opportunity for public hearings for the purpose
of considering the economic,social,and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall,when requested by the Secretary,submit a copy of the.
transcript of such hearings to the Secretary. Further,for such projects,it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension,or runway location it will provide for the Governor of the state in which the
project is located to certify in writing to the Secretary that the project will be located,
designed,constructed,and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995,for the replacement or reconstruction of pavement at the airport,it assures or certifies
that it has implemented an effective airport pavement maintenance-management program
Airport Sponsor Assurances (3/2005)
Secretary,shall be incorporated into this grant agreement. Any modification to the approved
plans,specifications,and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans,specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary.Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. - It will include in all published material prepared in connection with the.
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish,disclose,
distribute,and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards.as may be required or
prescribed by applicable Federal,state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
Airport Sponsor Assurances (3/2005)
C. Each fixed-based operator at the airport shall be subject to the same rates,
fees,rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,non tenant, or
subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,
conditions,rates, fees,rentals,and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
£ It will not exercise or grant any right or privilege which operates to prevent
any person,firm,or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including,but not limited to maintenance,repair,and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance,the services involved will be provided on the
same conditions as would apply to the famishing of such services by .
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable,and not unjustly
discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing,or intending to provide,aeronautical services to the public. For purposes of this
paragraph,.the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one
fixed-based operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly,grant or permit any person, firm,
or corporation,the exclusive right at the airport to conduct any aeronautical activities,
Airport Sponsor Assurances (3/2005)
b. for airport development projects,make the airport and all airport records and
documents affecting the airport, including deeds,leases,operation and use
agreements,regulations and other instruments,available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects,make records and documents relating
to the project and continued compliance with the terms, conditions,and
assurances of the grant agreement including deeds,leases,agreements,
regulations,and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
(i)all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made;and
(ii)all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except,if the use by Government aircraft is substantial,charge may
be made for a reasonable share,proportional to such use,for the cost of operating and
maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those
which,in the opinion of the Secretary,would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that-
a. Five(5)or more Government aircraft are regularly based at the airport or
on land adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of
Government aircraft is 300 or more,or the gross accumulative weight of
Government aircraft using the airport(the total movement of Government
aircraft multiplied by gross weights of such aircraft)is in excess of five
million pounds.
28. Land for Federal Facilities. It will famish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather-reporting
and communication activities related to air traffic control, any areas of land or water,or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction,operation,and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing(1)boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2)the
location and nature of all existing and proposed airport facilities and
structures(such as runways,taxiways, aprons,terminal buildings,hangars.
and roads),including all proposed extensions and reductions of existing
Airport Sponsor Assurances (3/2005)
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or(2)be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
C. Land shall be considered to be needed for airport purposes under this
assurance if(1)it may be needed for aeronautical purposes(including
runway protection zones)or serve as noise buffer land,and(2)the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further,land purchased with a grant received by an airport
operator or owner before December 31, 1987,will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987,was notified by the operator or owner of
the uses of such land,did not object to such use,and the land continues to
be used for that purpose,such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program
management,construction management,planning studies,feasibility studies, architectural
services,preliminary engineering,design,engineering,surveying,mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used
to fund any project which uses any product or service of a foreign country during the period
in which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with
policies,standards,and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated
and included in this grant,and in accordance with applicable state policies, standards,
and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,
to the greatest extent practicable under State law,by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2)It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum
extent practicable,intercity buses or other modes of transportation to have access to the
airport,however,it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
Airport Sponsor Assurances (3/2005)
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 —Offer
Date of Offer July 18, 2006
Buchanan Field Airport/Planning Area
Project No. 3-06-0050-16
Contract No. DTFA08-06-C-31741
TO: County of Contra Costa
(herein called the "Sponsor")
FROM:The United States of America(acting through the Federal Aviation Administration,herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 30, 2006, for a grant of Federal
funds for a project at or associated with the Buchanan Field Airport/Planning Area which Project Application,as
approved by the FAA,is hereby incorporated herein and made a part hereof, and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project")consisting of
the following:
Acquire aircraft rescue&fire fighting vehicle(1,500 gallon&equipment); install Taxiway Echo
lighting(MITL)
all as more particularly described in the Project Application.
Page 1 of 4
NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, and in consideration of(a)the Sponsor's adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b)the benefits to
accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances
and conditions as herein provided,THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE
UNITED STATES,HEREBY OFFERS AND AGREES to pay,as the United States share of the allowable costs incurred
in accomplishing the Project,95.00 percent of the allowable project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $1,157,500.00. For the purposes
of any future grant amendments which may increase the foregoing maximum obligation of the United States
under the provisions of Section 512(b)of the Act,the following amounts are being specified for this purpose:
$0.00 for planning
$1,157,500.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures as the.Secretary shall prescribe. Final determination of the
United States share will be based upon the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this offer has been accepted by the sponsor on or before August 15, 2006, or such subsequent date as may
be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes,or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement,the term"Federal funds" means
funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or
judgment,to the Secretary. It shall furnish to the Secretary,upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation,negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. .The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
Page 2 of 4
9. The sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
10. Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air
and water quality standards in accomplishing project construction. Failure to comply with this requirement may
result in suspension, cancellation, or termination of Federal assistance under this agreement.
11. It is mutually understood and agreed that if,during the life of the project, the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000.00 or five percent
(5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter
from.the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs,FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States,the change in grant
description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter,
either the grant obligation of the United States is adjusted to the amount specified or the grant description is
amended to the description specified.
12. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to
be used for any project for airport development or noise compatibility for which funds are provided under this
grant.
13. In accordance with Section 47108(b) of the Act, as amended,the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a) may not be increased for a planning project;
b) may be increased by not more than 15 percent for development projects;
c) may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase
in allowable costs attributable to the acquisition of land or interests in land,whichever is greater,based on
current credible appraisals or a court award in a condemnation proceeding.
14. The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the
FAA,in the Runway Protection Zones:
Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation
of any structure or place of public assembly in the Runway Protection Zone,except for NAVAIDS that are fixed
by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within
the Runway Protection Zone will be cleared or discontinued unless approved by the FAA.
Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps
necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any
structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or
misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating
activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and
stadiums.
15. The Part V Assurances dated September 1999, submitted as a part of the Sponsor's Project Application, is hereby
revised to include new assurance numbers 38 and 39, and revisions to assurance number 31. The updated
assurances, dated March 2005, is attached hereto and made apart hereof.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall
be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United
States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAj,AVIATION ADMINISTRATION
WEST -P IC WN
t
Ra o K. hiang
Actin anager,Airportsstrict Office
Part II-Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,representations,warranties, covenants, and
agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does
hereby accept this Offer-and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in
the Project Application.
Executed this 2 5 th day of JULY ,2006.
County Contra C sta
AlF SPO S )
(SEAL)
By
(SPONSOR' D IGNATED OFFICIAL REPRESENTATIVE)
Title CHAIRMAN
Attest,
Title: ' DEPUTY CLERK
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor
and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be
carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by
the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the
Sponsor in accordance with the terms thereof.
a. The date of execution by the Sponsor should be
Dated at this day of entered under Part II—Acceptance,on this page.
b. The date of the Certificate of Sponsor's Attorney-
MUST BE the same or later than the date of I
SIGNATU. execution.
c. The original SEAL MUST BE stamped on this
page.
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